e-Journal

12-02

MBA Past Presidents and current leadership at the 2010-11 Past Presidents' Dinner on Nov. 15.

MBA seeks nominations for 2011-12 officer and delegate positions

Submit nominations to MBA Secretary by Friday, Feb. 25

The Massachusetts Bar Association is currently accepting
nominations for officer and delegate positions for the 2011-12
membership year. Nominees must submit a letter of intent and a
current resume to MBA Secretary Marsha V. Kazarosian by 5 p.m. on
Friday, Feb. 25, 2011 to be eligible.

Delegates complete full agenda at November meeting in Springfield

The Nov. 18 meeting of the MBA House of Delegates featured a
full agenda and a keynote presentation from Probate and Family
Court Chief Justice Paula M. Carey. Among its business, the
delegation decided to oppose mandatory fee arbitration, approve a
resolution relative to peremptory challenges and support Limited
Assistance Representation in select courts.

Carey speaks to state of the Probate
and Family Court

MBA President Denise Squillante invited Carey to provide a
status report of the Probate and Family Court. In light of the
Massachusetts Trial Court budget cuts and harsh economic times,
Carey's report provided a grim reality of court operations.

"It is like something I've never seen before," remarked Carey,
who explained that "denial of justice is simply not an answer,"
despite lack of resources. Carey spoke to the effect that this is
having on court personnel, many of who feel like their "shoveling
sand on a tidal wave," she explained.

Carey cited the strained existing resources and lessons learned
from staff training associated with already implemented portions of
the Uniform Probate Code as reasons for the court filing
legislation to delay the implementation of the remaining portions
of the UPC slated for July 1, 2011. Carey has asked the legislature
to consider delaying implementation for six months until Jan. 1,
2012.

As part of her address, Carey also hinted that delegates should
"expect that we'll have alimony reform this year."

Attorney involvement in jury selection

President-elect Richard P. Campbell and others convinced
delegates to support a resolution of the MBA Peremptory Task Force
which supports preserving the exercise of peremptory of challenges.
Campbell referred to these challenges as the "last vestige of
attorney involvement in voir dire." MBA membership agreed with
Campbell, who reported to the delegates that those who responded to
a survey on the topic overwhelmingly supported the continued use of
the practice. Other groups, including the Massachusetts Association
of Criminal Defense Lawyers, Massachusetts Defense Lawyers
Association, Massachusetts Chapter of American Board of Trial
Advocates, Massachusetts Fellows of the American College of Trial
Lawyers and New England Members of the Defense Research Institute,
when polled, responded in similar fashion.

Judge Peter Agnes of the Superior Court serves on the task force
and was present to join Campbell for the presentation to the
delegates. "Our recommendation is to preserve this important tool
for the bar and for the public," said Agnes.

Delegates support LAR

Access to Justice Section Council Chair Jayne B. Tyrrell was on
hand to point out the positives of Limited Assistance
Representation. Joining Tyrrell were Access to Justice Section
Council member Lee Gartenberg; Judge Dina Fein, special advisor for
Access to Justice Initiatives; and Springfield attorney Karen
Duffy.

"LAR is an absolute key component to the Trial Court's Access to
Justice Initiatives," said Fein.

Duffy, whose practice is 50 to 60 percent composed of LAR work,
spoke to the benefits of "unbundling" services given the current
times. Duffy and others argued that LAR was always going to be
better than pro se litigants.

After debate and discussion, delegates unanimously supported the
concept of LAR in the court departments that have already issued
standing orders. These include all probate and family courts and
housing courts across the commonwealth.

Other business

Highlights of the meeting's other business, included:

As part of her president's report, Squillante encouraged
delegates to join her in sponsoring law students to cover their MBA
dues. She also encouraged delegates to sign on as sustaining
members of the MBA (sustaining members contribute funds beyond
their required dues to help support MBA programs and services). In
addition, she announced that President-elect Richard P. Campbell
and Treasurer Robert L. Holloway have been selected to lead a
strategic planning effort for the MBA.

Holloway announced a surplus in the MBA budget.

Delegates responded positively to Vice President Douglas K.
Sheff's push for the delegation to oppose the establishment of a
system of Mandatory Fee Arbitration.

Chief Operating Officer and Chief Legal Counsel Martin W. Healy
spoke to the changes brought forth by the November election. Healy
reported that 36 incumbent members of the House and eight members
of the Senate will not be returning to the state Legislature. Healy
told the delegation that key changes are possible with the onset of
the new session to begin in January-particularly with the Judiciary
and Ways and Means committees.

Delegates voted to fill the at-large delegate position vacated
by Antoinette Leoney with Martin Kane.

Celebratory Reception features Centennial
Honorees

Following the HOD meeting, delegates and MBA members from
Western Massachusetts were invited to attend a holiday reception.
The reception featured the presentation of two Centennial Awards to
Dorothy Varon of Mass Mutual and bankruptcy attorney Eugene B.
Berman. Both were on hand to accept their awards from Campbell and
Holloway.

Varon was honored for her work helping to start the Hampden
County Housing Court Lawyer for a Day program and for spearheading
the creation of a pro bono program in the MassMutual law department
that is now being expanded. She has sat on numerous non-profit
boards, including All Out Adventures, and currently serves as an
advisor on the Board of the Angkor Dance Troupe.

Berman was celebrated for his work on the issue of predatory
mortgage lending and the foreclosure crisis. He suggested and
became the chair of the Hampden County Bar Association's
Foreclosure Task Force as well as organized and chaired the
Alliance of Providers of Legal Services to Individuals Facing
Foreclosure. Berman was the organizer of Springfield's Mattoon
Street Historic Preservation Association and served as its
president for many years. Click here to
view a letter of gratitude from Berman to Squillante.

Legislative News

Senate passes a Red Flags Rule bill

Earlier this week the United States Senate
passed a Red Flags Rule bill that would exempt lawyers and other
entities from the Red Flags Rule.

The Massachusetts Bar Association was actively opposed to the
application of the Red Flags Rule to attorneys and voiced its
concerns to the Federal Trade Commission.

The MBA, working with the American Bar Association, also
communicated its concerns to members of Congress. Ultimately, the
ABA filed suit in August following months of work seeking
clarification of the rule and its application to lawyers. The
District Court for the District of Columbia ruled that
the FTC's so-called "Red Flags Rule" cannot be
applied to lawyers.

The Red Flags Rule was promulgated by the FTC under the Fair and
Accurate Credit Transaction Act (FACTA Act) of 2003. The Red Flags
Rule requires certain creditors to develop and implement programs
to identify, detect and respond to warning signs of identity theft.
The FTC had indicated plans to apply the rule to lawyers, despite
the fact that they are not creditors.

"Law Practice Guide" Lawyers Journal issue available

The December issue of Lawyers Journal has been mailed
and is available online. It features a special Law Practice Guide
with specialists' views on topics including: non-compete
agreements; variations in damage allocations among New England
states; and tips for clients in employment cases and regarding
written I-9 policies.

This is also the first issue featuring a change in format for
Section Review articles, which will appear as a regular
feature of Lawyers Journal. The new format kicks off with
Property Law and Immigration Law articles. The issue also
includes:

The start of the MBA's Tiered Community Mentoring Program's
second year;

A dozen attorneys, including U.S. Army reservist Richard A.
Sugarman, who volunteered to answer veterans' legal questions;
and

An invitation to submit officer and delegate nominations for
the 2010-11 year.

LPM Tip

Fantastic Four: Tips from FirmFuture

On Wednesday, Dec. 1, the MBA
and the Warren Group presented the first FirmFuture Conference at the Marriott Copley
hotel in Boston. The conference was attended by 600+ lawyers
and law-related professionals, and was fertile ground for tips,
tricks and techniques.

Here are several, gleaned from sessions and observations:

There are useful, built-in security and encryption features
within Microsoft Word. Here's a primer on just how
easy it is to encrypt using Word 2007, with links to more detailed
information.

Effective collaboration requires the application of effective
access controls. If you are sharing documents or information over a
secured web portal with clients or colleagues, don't overshare:
give collaborators access only to the information you want them to
have, and don't expose work product or confidential client
information. Effective collaboration requires a baseline
understanding of the applications you use, so that you can set
effective administrative controls for external access.

When marketing your practice, think beyond the traditional
holiday card. Everyone sends Christmas cards. One way to
differentiate yourself from the pack is to send season's greetings
on off holidays. A Christmas card gets lost in the shuffle; but, a
Halloween card, a Flag Day card -- now that's memorable.

Attendance at conferences like these really brings home the
point that networking is essential to successful law practices.
Even if a conference does not draw as many people as the FirmFuture
Conference did, smaller sessions can be just as effective. It only
takes meeting one colleague to get a referral, or to establish a
referral pipeline.

If you missed the FirmFuture Conference, don't fret none. Watch
for the release of MBA program sessions through MBA On Demand in the
coming weeks.

For more helpful tips, join the MBA's Law Practice Management
Section. Call MBA Member Services at (617) 338-0530 to join.
To learn more about the Law Practice Management Section,
contact Co-Chairs Andrea
Goldman or Phil
Taylor.

Celebrate the holidays with the MBA, Dec. 9 and 16

MBA members are cordially invited to join us
for cocktails and hors d'oeuvres
to ring in the holidays.

Annual Boston Member
Holiday Reception

Join the MBA at our annual holiday reception as we honor formerSJC Justice John M.
Greaney with an MBA Centennial Award.

The MBA is
proud to be taking part in a holiday can drive to benefit the
Greater Boston Food Bank and Open Pantry Community Services in
Springfield. We will be accepting donations of non-perishable items
through Saturday, Dec. 18 at both the MBA Boston and Springfield
offices. The most needed items include canned tuna, peanut butter,
canned fruits and vegetables, cereal, granola bars, pasta and
jarred sauce.

Young Lawyers Division Holiday Open
House

Bring a colleague and join fellow MBA Young Lawyers Division
members for a holiday open house. Enjoy cocktails and hors
d'oeuvres with participating in ice breaker trivia. Prizes will be
awarded to the winning ice breaker trivia team.

We will also be hosting a toy drive to benefit The Home for Little
Wanderers. Please consider bringing a toy or gift card to donate.
To see a list of most requested items, click here. All attendees who bring a
toy will be entered to win a pair of tickets to see the Boston
Bruins take on the Philadelphia Flyers on Thursday, Jan. 13 at 7
p.m. at the TD Bank North Garden.

Judge Mark D Mason named chair of
Trial Court ADR Committee

Chief
Justice for Administration & Management Robert A. Mulligan has
named Springfield District Court Judge and MBA Past President Mark
D Mason to chair the Standing Committee on Dispute Resolution,
which has been chaired since its inception by Hampshire County
Probate and Family Court First Justice Gail P. Perlman, who will
retire in the spring.

"I am pleased that Judge Mason has agreed to assume the
leadership on this issue," said Chief Justice Mulligan. "The focus
on ADR in the Trial Court has been the result of collaboration
between the trial court, the bar and the public at large.
Thecurrent fiscal constraints in the Trial Court enhance the value
of this option for litigants."

The Standing Committee has successfully implemented and overseen
the commonwealth's court-connected dispute resolution services in
the Trial Court since it was formed in 2005 to advise the CJAM on
these issues. The 20-member Committee assists programs, judges,
Trial Court employees and litigants to make use of conflict
resolution options as part of the modern justice system. It is
comprised of judges and court personnel from all Trial Court
Departments, along with attorneys and providers of dispute
resolution services.

Proposed Amendments

SJC Rule 1:19: Cameras in the Courts: The
Supreme Judicial Court Rules Committee solicits comments on
proposed amendments to SJC Rule 1:19: Cameras in the Courts. The
amendments were recommended by the Supreme Judicial Court's
Judiciary-Media Committee. They were drafted by a
subcommittee created to review the current rule and recommend
changes in light of advances in technology and journalism since the
rule was promulgated. The proposed revisions change the name of the
rule to Electronic Access to the Courts. They also include an
expanded definition of media and a requirement that media register
with the Court's Public Information Office. The proposed amendments
allow the media to possess and operate electronic devices in the
courtroom, subject to certain restrictions. Live blogging from the
courtroom generally would be permissible. Click here for more information.

S.J.C. Rule 4:02: The Supreme Judicial Court
Rules Committee solicits comments on a proposed amendment to S.J.C.
Rule 4:02. The amendment, proposed by the Board of Bar Overseers,
would require the board and bar counsel to keep lawyers' home
addresses disclosed on registration statements confidential, unless
a home address is also a lawyer's place of business. Persons
seeking a lawyer's confidential home address from the board
would be required to obtain authorization from a single justice.
The proposed amendment is intended to protect the security of
lawyers while allowing the board and bar counsel to conduct
their business. Click here for more information. The amendment
would insert the following new section in SJC Rule
4:02:

(10) Residential Addresses Confidential. Residential
addresses disclosed on registration statements, except those
designated as the registrant's place of business, shall be treated
as confidential and shall be used by the board and by bar counsel
only for the purpose of communicating with registrants or otherwise
in the course of the business of the board or bar counsel.
Other than in the course of such business, neither the board or bar
counsel shall disclose any such residential address to any third
party unless directed to do so by order of this court for Suffolk
County.

Rule 8 of the Mass. Rules of Appellate
Procedure: The Supreme Judicial Court's Working Group on
Rule 8 of the Massachusetts Rules of Appellate Procedure solicits
comments on proposed amendments to Mass. R.A.P. 8(b) and a proposed
administrative order. The working group was established by the
Supreme Judicial Court to review the current rule and recommend
appropriate changes. The proposed amendments substantially rewrite
and simplify the rule, particularly with regard to transcripts of
electronically recorded proceedings. Many of the proposed changes
reflect the widespread use of new digital audio recording systems
in the trial court. The proposed amendments recognize the role of
the Office of Transcription Services (OTS), the office within the
Administrative Office of the Trial Court that manages transcript
preparation.

In addition to the amended rule, the working group proposes that
the administrative details for transcript orders be included in an
administrative order to be issued by the Chief Justice for
Administration and Management of the Trial Court. Click here for more information. The
procedures proposed to be governed by the administrative order
include:

1. A requirement that transcripts be submitted electronically in
pdf format. The electronic copy will reduce the need for additional
paper copies and facilitate the distribution of the transcript to
the parties.
2. The establishment of a uniform procedure for payment for
transcripts in civil cases. The ordering party is required to pay
fifty percent of the estimated cost at the time the order is placed
and the balance upon completion of the transcript.
3. The establishment of a standard "presumptive list" of
proceedings to be transcribed in criminal and child welfare cases.
The clerk's office initiates the order in these cases and the
presumptive list will reduce delay and provide uniformity.
Appellate counsel may identify other proceedings that should be
transcribed.

Upcoming CLE seminar and program schedule

Register for the upcoming "Employment Law for Lawyers" seminar on Dec. 8

To register for the following
programs, call MBA Member Services at (617) 338-0530,[e-mail membership]or visit theCLE Web site.Scroll down for program
details, including dates and registration details.

Recorded session available for
purchase after live program through MBA On Demand.

Register for the Dec. 9 Eighth Annual In-House Counsel Conference: Doing Business in the Electronic Age

Eighth Annual In-House Counsel
Conference

Thursday, Dec. 9, 9 a.m.-1
p.m.
MBA, 20 West St., Boston**Sponsored by the Business Law Section**

The theme of the MBA's Eighth Annual In-House Counsel Conference
is "Doing Business in the Electronic Age." This program has been
designed to present in-house counsel with information from other
in-house practitioners, outside counsel, public agency counsel and
others on a range of topics relating to electronic communications
and recordkeeping.

Those who attend this year's conference with have an opportunity
to hear from such authorities as:

The Hon. Timothy S. Hillman, magistrate judge
of the U.S. District Court;

Krish Gupta, deputy general counsel of EMC
Corporation;

F. Kinsey Haffner, vice president of
Intellectual Property and Licensing of Raytheon Company;

Stephen Cesso, general counsel of
Computershare, Inc.;

Elizabeth McCarron, vice president and
assistant general counsel of EMC Corporation;

Scott Schafer, chief of the consumer
protection division of the Office of Attorney General;

Stephanie Zierten, deputy general counsel of
the Commonwealth of Massachusetts Information Technology
Division;

Dr. Graham Gal, University of Massachusetts
Isenberg School of Business; and

** The In-House Counsel
Conference will be featured on Twitter using a hashtag. Add #MBAInHouse to your saved Twitter
searches to receive all In-House Conference Tweets on Dec. 9. If
you are attending the conference, please feel free to Tweet about
conference highlights using #MBAInHouse. **

Unable to come to Boston? This program is available as a
real-time Webcast. When registering, participants can choose to
attend "virtually" from your home or office computer. If you choose
to attend the program via real-time Webcast, space is limited.
Registrants will be taken on a first-come, first-served
basis.

Section News: Upcoming meetings and special section events

Health Law Section Council meeting; Taxation Law Section Council open meeting; Individual Rights & Responsibilities Section Council meeting; Juvenile & Child Welfare Section Council meeting; Young Lawyers Division Holiday open house; Immigration Law Section Council meeting; Municipal Tax Law Practice Group

Health Law Section Council
meeting

Tuesday, Dec. 7, 5-6:30
p.m.MBA, 20 West St., Boston

The next meeting of the Health Law
Section Council will be held on Tuesday, Dec. 7 from 5 to 6:30 p.m.
All section members are invited to attend.

Taxation Law Section Council open
meeting

Wednesday, Dec. 8, 4-5
p.m.MBA, 20 West St., Boston

The next open meeting of the Taxation
Law Section Council will be held on Wednesday, Dec. 8 from 4 to 5
p.m. The council will lead a discussion on divorce tax issues. The
meeting will be open to Taxation Law Section members, Family Law
Section members, Probate Law Section members and members of the
Young Lawyers Division. The section council business meeting will
follow the open meeting at 5 p.m.

Juvenile & Child Welfare
Section Council meeting

Wednesday, Dec. 8, 5:30-7
p.m.
MBA, 20 West St., Boston

The next meeting of the Juvenile &
Child Welfare Section Council is Wednesday, Dec. 8 from 5:30 to 7
p.m. The guest speaker will be Erik Pitchal, assistant clinical
professor of law at Suffolk University Law School. Pitchal will
talk about new legislation affecting young people aging out of
Department of Children and Families custody.

Young Lawyers Division Holiday open
house

Thursday, Dec. 9, 5:30-7:30
p.m.
MBA, 20 West St., Boston

Bring a colleague and join fellow
MBA Young Lawyers Division members for a holiday open house. Enjoy
cocktails and hors d'oeuvres while participating in ice breaker
trivia. Prizes will be awarded to the winning ice breaker trivia
team.

The MBA's Young Lawyers Division will also be hosting a toy drive
to benefit The Home for Little Wanderers. Please consider bringing
a toy or gift card to donate. To see a list of most requested
items, click here. All Young Lawyers Division Holiday
Open House attendees who bring a toy will be entered to win a pair
of tickets to see the Boston Bruins take on the Philadelphia Flyers
on Thursday, Jan. 13 at 7 p.m. at the TD Bank North Garden.

Immigration Law Section Council
meeting

Thursday, Dec. 9, 5:15-6:45
p.m.
MBA, 20 West St., Boston

The next meeting of the Immgration Law
Section Council is Thursday, Dec. 9 from 5:15 to 6:45 p.m. Section
council member Michele Vakili will conduct a roundtable discussion
on "Waivers of Inadmissibilty and Bars." Vakili has been practicing
in this area for many years, and she will provide valuable insight
into how you might be able to save your client from removal.

Municipal Tax Law Practice
Group

Wednesday, Dec. 15, 5:30-7
p.m.MBA, 20 West St., Boston

The next meeting of the Municipal Tax
Practice Group is Wednesday, Dec. 15 from 5:30 to 7 p.m.The group
will host two prominent members of the Massachusetts real estate
appraisal community, Donald Bouchard, MAI, of Lincoln Properties
and Emmet Logue, MAI, of NAI Hunneman. The guest speakers will
address the group on current real estate market conditions. Both
Don and Emmet have testified extensively at the Appellate Tax
Board.